ADMINISTRATIVE REVIEW

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Since appeal rights have been taken away from most of the immigration categories, the applicants whose entry clearance applications or leave to remain applications or Indefinite leave to remain applications are refused they are given right of administrative review.

This is a procedure where the applicant is given an opportunity to challenge the refusal by providing relevant arguments or documents in some cases.

TIME TO LODGE ADMINISTRATIVE REVIEW

The applicants are required to make administrative review application within 14 days (within the UK) and 28 calendar days (if outside the UK) to the Home Office. It is really important to meet the deadline as otherwise the Home Office may reject the application unless exceptional reasons for the delay are provided.

EFFECT OF ADMINISTRATION REVIEW

The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.

Again, it is extremely important to seek professional help in making decision whether to make a fresh visa application or to proceed in the Judicial review or to chose both, depending on the individual’s circumstances.

GROUNDS OF ADMINISTRATIVE REVIEW

One has to carefully consider and draft the grounds on which he or she may rely in their administrative review applications. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of administrative review is a specialized area of immigration work and should therefore be left for the experts to handle it.

OUTCOME OF ADMINISTRATIVE REVIEW

Once Administrative review is lodged, a different caseworker considers the grounds of administrative review and may make one of the following decisions:

    1. He may overturn the original decision and issue visa to the applicant.
    2. He may maintain the original decision along with all the reasons of refusal; or
    3. He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
    4. He may maintain the decision but with different or additional reasons to those specified in the decision under review.

Further Options

If the decision maker maintains the decision of refusal, the applicant may make a fresh application or may also lodge Judicial Review proceedings if it is considered that both the decision maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

Again, it is extremely important to seek professional help in making decision whether to make a fresh visa application or to proceed in the Judicial review, depending on the individual’s circumstances.

Why to instruct Chauhan Solicitors for Administrative Review to Challenge Home Office Refusal Decision

We are a city law firm, specialising in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully on their Administrative Review to challenge Home Office refusal decision

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No two immigration matters can be the same. We have a tailor-made solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy.

 

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We believe in giving honest & unparalleled advice to you.We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our excellent REVIEWS vouch for our legal competence, vast knowledge and diligent work attitude.

We have hundreds of satisfied clients. According to our clients, we are the Best Immigration Solicitors in London. We invite you to view our online REVIEWS allowing you to make an informed choice when instructing one of the best London immigration solicitors to represent you.

Our team of best Immigration Solicitors of London are just a phone call away at 0203 514 2536 or info@chauhansolicitors.com